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1
Working together
2
Primary obligations of the purchaser
3
Primary obligations of the supplier
4
Risk allocation
5
Performance management
6
Payment
7
General terms
8
Legal definitions

2

Collaborative construction terms

Primary obligations of the purchaser

2.1

Provision of information and a copy of any Purchaser's Contract

The Purchaser will provide the Supplier with all information in its possession regarding the Project which is necessary for, and which the Purchaser reasonably considers to be relevant to, the delivery of the Services. The Purchaser will respond to all reasonable requests for further information received from the Supplier within the period referred to in the Purchase Order or any other period that the parties may agree. Where the Purchaser is engaged under any Purchaser’s Contract which relates to the performance of the Services, the Purchaser will provide a copy to the Supplier (which may omit details of any rates or prices or information that is not relevant to the performance of the Services).

2.2

Responses to requests for approval and decisions

The Purchaser will respond to all reasonable requests for approvals and decisions within the period referred to in the Purchase Order or any other period that the parties may agree and will ensure that its contracts with other members of the Project Team contain similar provisions.

2.3

Access to the Site

The Purchaser will give the Supplier access to the Site necessary to enable the Supplier to perform its obligations.

2.4

Payment

The Purchaser will make payment of all sums due to the Supplier in accordance with the Contract.

2.5

Purchaser's Representative

The Purchaser will engage a representative who will have the authority to act on the Purchaser’s behalf in relation to the Project and who will act as a point of first contact for the Supplier. The Purchaser’s Representative is named in the Purchase Order. The Purchaser will only remove the Purchaser’s Representative for good reason after notifying the Supplier, and will appoint a replacement.

2.6

Where the Supplier is a subcontractor

Where the Purchaser’s Contract provides for any matters to be decided by, or with the agreement of, the Other Party, the Purchaser will, whenever any of those matters concern the Supplier under the Contract, use reasonable endeavours to consult with the Supplier before the decision falls to be determined or agreed under the Purchaser’s Contract. The Supplier will nevertheless be bound by any decision made by, or with the agreement of, the Other Party under the Purchaser’s Contract insofar as that decision affects the Supplier’s obligations under the Contract. The Purchaser agrees to use reasonable endeavours to pursue and enforce its rights and remedies under the Purchaser’s Contract in circumstances where failure to do so could reasonably be expected to prejudice the interest of the Supplier under the Contract.

 

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